HELP! Anti-Business Town is Taking Away Constitutional Rights (lawsuit, corporation, organization)

[wealthtrader]

I am trying to start a street campaign for my business by walking up and down streets in a costume holding a sign. This won't be loitering, and holding the sign will be free speech (not obstructing rights of way). Yet, after visiting the Town Hall, the Officer said that I may be fined for violating the sign ordinance?! Huh?

I spoke with another city and they denied the ordinance of my town saying that is was "unconstitutional" and violated "free speech."

Here's the town's sign ordinance:
"No new, additional or enlarged business advertising sign shall be erected or placed within the Town of *******
except as provided below. No person, firm, corporation or organization shall erect, enlarge, or replace any sign
described above without first obtaining a permit from the Code Enforcement Officer. All permit applications
shall include a drawing showing all dimensions, types of materials, and illumination proposals."

What about signs plastered to the sides of cars? This law makes no sense to discriminate like this.

[tallrick]

Holding a sign does not seem to be qualifying as "erecting" or "placing". Seems like it would simply be transporting a sign through town. Code Enforcement has no authority over what a person may wear or hold while on a public right of way. No business is taking place, and I doubt they would be able to issue a permit for a handheld sign anyway. What happens if the costume has writing on it? That city could be setting itself up for a nice lawsuit.

[wealthtrader]

Originally Posted by tallrick

Holding a sign does not seem to be qualifying as "erecting" or "placing". Seems like it would simply be transporting a sign through town. Code Enforcement has no authority over what a person may wear or hold while on a public right of way. No business is taking place, and I doubt they would be able to issue a permit for a handheld sign anyway. What happens if the costume has writing on it? That city could be setting itself up for a nice lawsuit.

Excellent point! I will point this out to the dumb town hall jerks. In the meantime, I'm looking for all of the legal data that I can about this unconstitutional ordinance.

[sean98125]

The Supreme Court has not typically considered commercial advertising to be free speech that should be free of government regulation or oversight, so it's not really a free speech or First Amendment matter. And, even if you were wearing a political slogan, the city might still be able to require permits for it.

Go to your City Hall and speak to whatever department issues permits for commercial signs and tell them what you want to do. After you meet with them, write them a letter verifying what they told you. The cops may not have an understanding of the finer points of the sign ordinance.

If the ordinance does restrict you from commercial advertising in this form, then you can certainly start making friends with your council members to see if this could be overturned.

But remember that you do not have a constitutional right to advertise in any manner that you want.

[wealthtrader]

Originally Posted by sean98125

The Supreme Court has not typically considered commercial advertising to be free speech that should be free of government regulation or oversight, so it's not really a free speech or First Amendment matter. And, even if you were wearing a political slogan, the city might still be able to require permits for it.

Go to your City Hall and speak to whatever department issues permits for commercial signs and tell them what you want to do. After you meet with them, write them a letter verifying what they told you. The cops may not have an understanding of the finer points of the sign ordinance.

If the ordinance does restrict you from commercial advertising in this form, then you can certainly start making friends with your council members to see if this could be overturned.

But remember that you do not have a constitutional right to advertise in any manner that you want.

Um.. what about if my company name was just printed on my shirt? Why does it matter if it's on cardboard?

[pghquest]

Originally Posted by wealthtrader

I am trying to start a street campaign for my business by walking up and down streets in a costume holding a sign. This won't be loitering, and holding the sign will be free speech (not obstructing rights of way). Yet, after visiting the Town Hall, the Officer said that I may be fined for violating the sign ordinance?! Huh?

I spoke with another city and they denied the ordinance of my town saying that is was "unconstitutional" and violated "free speech."

Here's the town's sign ordinance:
"No new, additional or enlarged business advertising sign shall be erected or placed within the Town of *******
except as provided below. No person, firm, corporation or organization shall erect, enlarge, or replace any sign
described above without first obtaining a permit from the Code Enforcement Officer. All permit applications
shall include a drawing showing all dimensions, types of materials, and illumination proposals."

What about signs plastered to the sides of cars? This law makes no sense to discriminate like this.

1) Send out a press release stating you will be out holding up a sign.
2) Go out, hold up the sign
3) Get fined, preferably right in front of the press, so they write about it the next day.
4) Fight the fine, of course sending out press releases stating that you will fight the fine.
5) If you win, or lose the fight, it wont matter.. you'll get the press stories the whole way, making any fine they give you worth nothing compared to the news stories they will write..

[wealthtrader]

Originally Posted by pghquest

1) Send out a press release stating you will be out holding up a sign.
2) Go out, hold up the sign
3) Get fined, preferably right in front of the press, so they write about it the next day.
4) Fight the fine, of course sending out press releases stating that you will fight the fine.
5) If you win, or lose the fight, it wont matter.. you'll get the press stories the whole way, making any fine they give you worth nothing compared to the news stories they will write..

That's exactly what I was thinking! news=FREE ADVERTISING...lol , got to love it

[pghquest]

Originally Posted by wealthtrader

I am trying to start a street campaign for my business by walking up and down streets in a costume holding a sign. This won't be loitering, and holding the sign will be free speech (not obstructing rights of way). Yet, after visiting the Town Hall, the Officer said that I may be fined for violating the sign ordinance?! Huh?

I spoke with another city and they denied the ordinance of my town saying that is was "unconstitutional" and violated "free speech."

Here's the town's sign ordinance:
"No new, additional or enlarged business advertising sign shall be erected or placed within the Town of *******
except as provided below. No person, firm, corporation or organization shall erect, enlarge, or replace any sign
described above without first obtaining a permit from the Code Enforcement Officer. All permit applications
shall include a drawing showing all dimensions, types of materials, and illumination proposals."

What about signs plastered to the sides of cars? This law makes no sense to discriminate like this.

The "law" really does not violate free speech, and is not unconstitutional.. It does impeed upon individuals right to do what they want on their own property, but thats not really a right. The laws intent is to stop billboards from going up all over the place.

If your physically carrying the sign you not really violating the law about erecting a sign. This is the reason for the new businesses being created that will put a sign on the side of a truck and drive it around. It technically, does not violate the law because the signs are not "erected"..

[wealthtrader]

I'm not sure though...


ERECT: 1 a: vertical in position; also : not spread out or decumbent <an erect plant stem> <columns still erect in the ruins> b: standing up or out from the body <erect hairs> c: characterized by firm or rigid straightness in bodily posture <an erect bearing>

Seems like "erecting" applies to me,,,

[pghquest]

Originally Posted by wealthtrader

I'm not sure though...

ERECT: 1 a: vertical in position; also : not spread out or decumbent <an erect plant stem> <columns still erect in the ruins> b: standing up or out from the body <erect hairs> c: characterized by firm or rigid straightness in bodily posture <an erect bearing>

Seems like "erecting" applies to me,,,

at 2:30 am, I'm left with no choice but wonder.. are we still talking about "the sign"..?